78B-5-825. Attorney fees — Award where action or defense in bad faith — Exceptions.
| (1) |
In civil actions, the court shall award reasonable attorney fees to a prevailing party if the court determines that the action or defense to the action was without merit and not brought or asserted in good faith, except under Subsection (2). |
Terms Used In Utah Code 78B-5-825
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
| (2) |
The court, in the court’s discretion, may award no fees or limited fees against a party under Subsection (1), but only if the court:
| (a) |
finds the party has filed an affidavit of indigency under Section 78A-2-302 in the action before the court; or |
| (b) |
the court enters in the record the reason for not awarding fees under the provisions of Subsection (1). |
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Amended by Chapter 272, 2022 General Session
